Legal Question in Landlord & Tenant Law in California

eviction process

These documents came back from the court:

proof of service pos-010

summons sum-130 w/file stamp

civil case cover sheet cm-010 w/file stamp

complaint ud-100 w/file stamp

I live in Oregon. The house is in California. Is is proper to mail the documents to the tenant, using certified mail? Are there additional documents that tenant should receive?


Asked on 10/04/08, 7:15 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: eviction process

No. Mail is not proper if it's a California case. You will have to find a process server near where the property is located to personally serve the documents. You might also include a Pre-Judgment Claim of Right to Possession, which would allow any other occupants to join in defending the lawsuit. This will prevent someone from popping up after the judgment and saying "I'm a tenant and there's no judgment against me," so you'd have to start over. They're available on the Judicial Council's website.

You would serve copies of the documents. Make sure to complete the bottom of the summons. Please let me know if I might help.

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Answered on 10/04/08, 9:37 pm


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